Hershey v. Keembortz
Supreme Court of Pennsylvania
In error from the Common Pleas of Dauphin county. ' June 28. Assumpsit to-recover money paid by the plaintiff to the defendant. In August, 1840, Hoover, the defendant’s intestate, sealed articles by which he agreed to convey two tracts of land, one containing one hundred and twenty acres, and the other fifteen acres, he the same more or less, to Hershey, in consideration of $85 per acre, neat measure, for each and every acre.
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In error from the Common Pleas of Dauphin county. ' June 28. Assumpsit to-recover money paid by the plaintiff to the defendant. In August, 1840, Hoover, the defendant’s intestate, sealed articles by which he agreed to convey two tracts of land, one containing one hundred and twenty acres, and the other fifteen acres, he the same more or less, to Hershey, in consideration of $85 per acre, neat measure, for each and every acre. Hoover dying, his administrator, in the "same year, presented a petition to the Orphans’ Court for leave to perform the coüftracfc, which was granted, a deed made and…
1Opinion of the CourtGibson, C. J.
The proper rule for the case before us was stated by Mr. Justice Sergeant, in Galbraith v. Galbraith, 6 Watts, 117, in which it was said that a sale of land as a- tract containing so many acres, more or less, and at a certain price per acre, gives no remedy, without proof of wilful misrepresentation, for a,surplus or a deficiency after the bargain is closed. And the reason for it is a plain one. It would be palpably unjust for a party, who had taken his chance as to the quantity, instead of insisting on a survey at the proper time, to have an allowance for his disappointment. Where the…
2Cases cited5 opinions
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Laidlaw v. OrganSupreme Court of the United States · 1817
- Smith v. EvansSupreme Court of Pennsylvania · 1813
- Bailey v. SnyderSupreme Court of Pennsylvania · 1835
- Galbraith v. GalbraithSupreme Court of Pennsylvania · 1837
3Cited by4 opinions
- Felin v. FutcherSuperior Court of Pennsylvania · 1912
- Rose v. BarclaySupreme Court of Pennsylvania · 1899
- Standard Steel Car Co. v. StammSupreme Court of Pennsylvania · 1904
- Guaranty Safe Deposit & Trust Co. v. LieboldSupreme Court of Pennsylvania · 1904